These terms and conditions ("Agreement") sets forth the general terms and conditions of your use of the "MealShift" mobile application ("Mobile Application" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and MealShift LTD ("MealShift", "we", "us" or "our"). By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Mobile Application and Services. You acknowledge that this Agreement is a contract between you and MealShift LTD, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.
Mealshift is incorporated and registered in England and Wales, whose registered office is at 410 Naylor Building West, 1 Assam Street, London. E1 7QL. United Kingdom. Our Company registration number is 12793366. You may contact us at [email protected] or through our platform.
You must be at least 18 years of age to use the Mobile Application and Services. By using the Mobile Application and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
MealShift is a platform that connects restaurants and takeaways with food delivery drivers with an easy to use mobile app. Restaurants post ‘Shifts’ whenever they need delivery drivers; whether it’s for busy periods, holiday cover or business as usual. Restaurants specify the date, time and hours required for the Shift or request a driver for ASAP. Our pool of high-quality self-employed drivers then apply to these Shifts and the restaurant selects a driver to hire. Drivers are contracted and paid by restaurants for the specified number of hours in the Shift and for each delivery. We also offer restaurants their own branded ordering app through our sister company, allowing them to sell directly to their customers.
"App" means the mobile application which provides the platform
“Shift” means any fixed number of working hours contracted between restaurants and drivers
"Customers/Restaurant/Client” means restaurants, takeaways, fast-food outlets, and any partner food establishment that use our platform to post jobs for hiring drivers.
"Driver" means a person who is an independent, self-employed driver/rider who agreed to our terms to provide delivery services for our partner restaurants who post Jobs in the App. Driver can be a vehicle owner or operates vehicles provided by restaurants.
"ASAP/As soon as possible" means the restaurant requires a driver to start the shift as soon as they can reach start time of the shift posted by the restaurant
"Schedule" means any future planned shifts
"Hire" means entering into a contract to make food deliveries an agreed fixed number of hours (shift)
“Nudge” means restaurants to directly invite drivers to apply for jobs they posted
"Service fee" means the service charges payable by the Driver to MealShift for using our platform, being 15% of the total earnings of each shift.
"Data Protection Laws" means the General Data Protection Regulation (in so far as it is applicable in the UK) and the Data Protection Act 2018 together with all legislation made thereunder and any other relevant laws relating to the processing of Personal Data, in each case as amended, superseded or replaced from time to time.
Mealshift uses a third-party payment gateway to process payments.
4.1. First the driver will need to create a Stripe account and link it to their chosen bank account. The earnings will be subject to a service fee and be automatically sent to the chosen bank account every week. The driver can also view and manage the earnings through the app.
4.2. When the restaurant posts a job for a delivery driver for a fixed shift, the estimated price for the shift will be held in a third party payment gateway, and once the service is rendered, the exact amount will be debited from the bank account.
5.1. If you can no longer do a confirmed Shift for any legitimate reason, you firstly need to inform the restaurant as soon as possible, then let MealShift support know by contacting us via email or telephone. MealShift’s model is designed to offer full flexibility and allows you to choose when it’s best convenient for you to work, therefore we are very strict on reliability when you commit to work a Shift. We reserve the right to suspend drivers indefinitely if we see a pattern of unreliability.
For ASAP Shifts, after been accepted by the restaurant, you have 5 minutes to click ON MY WAY to confirm the booking. And you have 30 minutes from the time of booking to be onsite. If you think you are going to be late, then call the restaurant to let them know and try to agree on a mutual starting time.
For the schedule jobs, the restaurant will expect to receive ON MY WAY notification within 1 hour from the start time of the Shift. Failing to do this or informing the restaurant of any delay, the Shift could be canceled, and this will impact your job completion rating. - Drivers can't cancel a Shift booked for ASAP unless it’s due to an emergency or unavoidable circumstance. - You can cancel a shift by giving 48 hours’ notice before the start of the shift. - If you accepted a shift that will start in less than 48 hours, you can't cancel unless it’s due to an emergency or unavoidable circumstance. - If you fail once to perform a contracted shift without providing a legitimate reason, you will be suspended for 1 month. If you fail to work contracted shifts twice in 2 months, without providing a legitimate reason, you will be suspended for 3 months.
5.2. For ASAP bookings - Restaurant can cancel or reschedule after 5 minutes of hiring the driver if they haven’t received a notification that the driver is on the way. If the restaurant cancels while the driver is on the way, they will be charged the driver’s hourly rate for the first hour of the Shift. If the restaurant cancels when the driver arrives at the restaurant to start the Shift, the restaurant will be charged for 50% of the total Shift hours, with a minimum of 1 hour to be paid. For example, if the Shift is for 4 hours, the restaurant will be charged for 2 hours. If the Shift is for 1.5 hours, the restaurant will be charged for 1 hour. If the driver is on the way, the restaurant can still cancel or reschedule free of charge if the courier is not onsite after 30 minutes of the time of the booking.
For scheduled bookings - The restaurant can cancel, without a cancellation fee, at least 24 hours before the scheduled shift start time. If the booking is made within 24 hours, the restaurant can cancel, free of charge, 12 hours before the start time of the shift. If the restaurant cancels less than 12 hours before the start time and before the driver is on the way, they will be charged 25% of the total hours' cost. If they cancel after the driver is on the way, they will be charged 50% of the total hours' cost. If the restaurant cancels after the driver is onsite, they will be charged for the total hours booked but not for the estimated drops.
Failure to comply with Mealshift terms and policy stated in this document will result in:
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.”
We do not own any data, information or material (collectively, "Content") that you submit in the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content in the Mobile Application submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. Unless specifically permitted by you, your use of the Mobile Application and Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application and Services. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses.
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by MealShift or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with MealShift. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of MealShift or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of MealShift or third party trademarks.
You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Mobile Application and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
To the fullest extent permitted by applicable law, in no event will MealShift, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of MealShift and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to MealShift for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold MealShift and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of United Kingdom without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United Kingdom. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in United Kingdom, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
We reserve the right to modify this Agreement or its terms relating to the Mobile Application and Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application and Services after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]